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What you Should Know about Special Needs Trusts

 

Trusts are great when it comes to protecting your assets, setting up plans for the future, and putting trustees and beneficiaries in a position to take over when you are no longer living or able to take care of yourself. Special needs trusts are made specifically for the benefit of those with physical and/or mental disabilities, including those with mental disabilities who lack the capacity to manage their own finances. Robinson, Seiler & Anderson Law Firm in Provo, Utah can help you with the process of setting up a special needs trust to give you the peace of mind you need when taking care of your loved ones. Below are some basic facts you should know about special needs trusts.

 

Distribution of Assets

When you are involving a loved one with special needs in your trust as a beneficiary you need to make sure you still have their needs in line with what you wish to pass down to them. Often times, people with disabilities qualify for government assistance such as Supplemental Security Income (SSI), Medicaid, vocational rehabilitation, and subsidized housing. Many people make the mistake of leaving assets to their disabled loved ones through a will. This is problematic because acquiring assets, such as a lump sum of money, can disqualify your loved one for these types of government assistance programs. Instead you can set up a special needs trust instead of a will which the trustee has total control over the management of the funds, and the beneficiary does not, government program administrators, like the ones from SSI and Medicaid, ignore the trust assets when considering eligibility.

 

Addressing Special Needs

What is great about a special needs trusts is that they address the specific needs of the disabled person whereas other types of trusts do not. Even if a family is not interested in government benefits, they should still consider a special needs trust to address those specific needs. You never know what the future will hold for your loved one and having that spelled out in your trust will help take away a lot of the hard decisions.

 

Taking the time to talk with the lawyers at Robinson, Seiler & Anderson Law Firm in Provo, Utah to set up a special needs trust is a must. They can make sure all of the proper wording and wishes are within the trust so you don’t have to worry about your loved one’s future. Set up a consultation with us today to learn more.

Your Rights in a Home Owners Association

 

HOA’s or Home Owners Associations can have its upsides and its downsides. It all depends on your personal preference of neighborhood and the rules you have to adhere to. We at Robinson, Seiler & Anderson Law Firm in Provo, Utah can help you with any issues that may arise when living in a HOA. Listed below are your rights as a home owner in a HOA neighborhood.

 

 ·         Homeowners deserve to be informed of their voting eligibility if they do not qualify to vote per the governing documents before a vote is held.

 

 

·          Homeowners deserve a response to an inquiry, unless of course the inquiry is ludicrous or threatening, or the demand(s) are intended to harass.

 

 

·         Homeowners deserve a reasonable opportunity to vote in importantelections or to appoint another to vote on their behalf.

 

·         Homeowners should expect that HOA financial and other records will be kept in a routine manner for reasonably easy access.

 

·         Homeowners should get a timely notice and a fair opportunity to be heard if the HOA intends to take disciplinary action against them.

 

·         Homeowners should get a timely notice and a fair opportunity to be heard if the HOA intends to take disciplinary action against them.

 

Every HOA varies by state and location. We always advise you to obtain your rights when you move into an HOA. If you feel like your rights have not be adhered to the lawyers at Robinson, Seiler & Anderson Law Firm in Provo, Utah can help. We have experience when dealing with Home Owners Associations and are well versed in the rights that are available to you.

 

View Our Testimonials Announcement

Norman H. Jackson, Utah Court of Appeals Judge, Retired, has joined the law firm of Robinson, Seiler & Anderson, LC, effective April 2017.  Judge Jackson was one of the seven founding Judges of the Utah Court of Appeals and served terms as Presiding and Associate Presiding Judge.
 
Judge Jackson was the senior attorney in a Richfield law firm for eighteen years.  The firm engaged in legal, business and tax cases, including practice before State and Federal Courts, U.S. Board of Land Appeals, Utah Public Service Commission and Arizona Corporation Commission.  Clients included counties, cities, banks department stores, communications and credit associations, irrigation companies, auto dealers, building supply stores, farmers, ranchers and small businesses. They took “every type of case that came through the door,” from criminal defense work to a patent royalty dispute for the inventor of the Frisbee. Judge Jackson has been a lifetime rancher doing business in Utah as Jackson Cattle Company and Arizona as EJ Cattle Ranches.
 
Judge Jackson’s professional service includes terms on the Utah State Bar Commission, Bar Foundation (President and Vice President), Air Travel Commission, and Utah Information Technology Commission.  He served on the Judiciary’s Alternate Dispute Resolution Committee for thirteen years and initiated and supervised the Appellate Court Mediation Office.  He developed and advanced a realistic and workable framework for both of Utah’s Appellate Courts to use in reviewing trial court and administrative agency decisions.  He published three editions of Utah Standards of Appellate Review while participating in more than 2,000 appellate court decisions.  
 
Judge Jackson’s experience will complement the other outstanding lawyers at Robinson, Seiler & Anderson, LC.  The firm will continue its representation of injured individuals, as well as clients in real estate, business, estate planning, tax, contract and education matters.
 

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